Guidelines for declaration of paid holiday on polling day
Section 135-B of Representation of People Act, (R.P. Act for short) mandates that every
person employed in any business trade, industrial and taking or any other establishments and
entitled to vote at election to the house of the people or legislative assembly of the State shall
on the day of polling be granted a holiday. There shall be no deduction or abatement of wages
of any such persons on account of holiday granted for polling day. Contravention of these
statutory provisions shall be punishable with fine which may be extended to Rs.500/-. This
statutory provision will not apply to any elector whose absence may cause any danger or
substantial loss in respect of the employment in which he is engaged.
Election Commission's letter No. 78/84, dt. 9th November, 1984 to Chief Secretaries/Chief
Electoral Officers and Ministry of Law and Justice.
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General Election to Lok Sabha or Legislative Assembly- Local Holiday(s) on the polling day(s)
by the State Governments and Central Government- Request for declaring holiday under
Negotiable Instruments Act, 1881.
Subject : General Election to Lok Sabha or Legislative Assembly Local Holiday (S) on the polling
day (S) by the State Government and Central Government Request for declaring holiday under
Negotiable Instruments Act, 1881.
I am directed to state that in connection with elections, it has been the practice of both
the Central and State Governments to declare the polling day or days as holidays under the
Negotiable Instruments Act, 1881. Such a course is necessary to make it convenient for every
voter to exercise his right of franchise in the election. The Ministry of Home Affairs
(Department of Personnel and Administrative Reforms), Government of India, has also been
taking similar action in respect of the offices under the administrative control of the
Government of India located in the States.
2. In cases, the day of the poll does not fall on a Sunday or a public holiday, already
declared as such under the Negotiable Instruments Act, 1881, the working classes may not get
sufficient opportunity to exercise their franchise. In such cases, it is requested that the State
Governments should declare the day of the poll as a public holiday under the Negotiable
Instruments Act, 1881.
As regards Commercial and Industrial establishments and shops to which the public
holidays under the Negotiable Instruments Act do not apply, it is suggested that the State
Governments should direct their Labour Commissioners to issue instructions to Commercial and
Industrial establishments in the private sector to declare a paid holiday for their workers on the
day or days of the poll.
3. The Municipal Corporations, Municipal Committees and other local bodies may also
be asked to take action likewise.
4. It may also be considered whether under the Shops And Commercial Establishments
Act, the day or days of the poll in any constituency may be declared as a closed holiday for all
shops and commercial establishments in the constituency instead of the usual day/days
observed by them as closed holidays during the week.
5. Again under section 52 of the Factories Act, 1948, factories may be asked to declare
the weekly holiday on the day of the poll in the constituency in which establishments are
situated instead of the first day of the week as provided in the section.
6. There may be appreciable number of electors ordinarily resident in one area but
having the place of work in another area. For example, persons may be commuting daily long
distance to reach places of their occupation or work in cities like Delhi, Bombay, Calcutta and
Madras and the date of poll may be different in respect of their place of residence and the
place of their work. In such cases, such voters should be given special leave or maximum
facilities to exercise their right to vote.
The Commission desires that action on the above lines may be taken and a copy of each
of the orders issued by the State Government may be endorsed to it for its information and
record.
The Election Commission by its Notification dated 6th April, 1999 had issued the
following :
CLARIFICATIONS
� In case of those electors including casual workers working outside the constituency
concerned would be entitled to the benefit of holiday extended under Section 135-B (1) of RP
Act, 1951.
� In case of those Industrial undertaking Establishment which are working on shift basis, a
holiday may be declared only for the shift working which a poll is to be taken. It should be
ensured that there should be sufficient gap between the close of poll and commencement of
shift duty.
� Daily wage and casual workers are also entitled for a holiday and wages on poll day as
provided in Section 135 B of RP Act, 1951.
The combined reading of the provisions of Section 135B and the clarification issued by
the Election Commission would mean that the Industrial Establishments/undertaking should
take following actions on the day of poll in the constituency in which the said Industrial
Establishments/undertaking is situated and if it is not otherwise holiday for the establishment.
� The Industrial Establishments/ Undertaking which are working only one shift should declare a
paid holiday to all category of employees including casual or temporary employees on the day
of polling i.e., on 17.4.2014.
� The Industrial Establishments / Undertaking which work on more than one shift basis should
declare a paid holiday for the shift during which a poll is to be taken and there should be
sufficient time gap between the close of the poll and the commencement of the next
succeeding shift duty. Wages shall be payable for the holiday so declared to all category of
employees including casual and temporary employees.
� In cases where those electors including casual workers working outside the constituency
concerned should also be given the benefit of paid holiday irrespective of the fact that whether
they are casual or temporary employees. The Establishment is entitled to insist on necessary
proof in order to ensure that the statutory benefit is not misutilised.
� Certain industries are declared as Public Utility Service (or essential service) by Notification of
appropriate Government in accordance with Section 2 (n) read with First Schedule of Industrial
Disputes Act, 1947. Such notification is only for the purpose of Section 22 of Industrial Disputes
Act (ie., for prohibition of strike and lock out) and the said notification is not relevant for the
purpose of the Section 135 – B of RP Act, 1952.
� Section 135-B (4) of RP Act clearly stipulates that the Section shall not apply to any elector
whose absence may cause danger or substantial loss in respect of the employment in which he
is engaged. This exception is applicable to an individual employee or few number of employees
and not to all the Employees working in the Establishment. There may be situation where an
employee is employed in such operation if it is stopped, it would take long time to restart the
same and thus there will be a loss to the Organization as well as the Employees themselves on
account of delay in restarting the operations. This proviso should be utilized having regard to
the facts and circumstances of each job or employment and the exception cannot be utilized for
not declaring the holiday for the entire establishment during the poll timings. Wherever this
provision is applicable, the employees who were on duty may be given time off which is
reasonable to cast their vote and return to duty or wherever feasible, they may be allowed to
leave the establishment before the close of shift to enable them to cast their vote.
PAID HOLIDAY ON POLLING DAY NOT MANDATORY IN
ESTABLISHMENT WORKING IN SHIFTS
The Hon’ble High Court of Kerala in the case of Binani Zinc Employees’
Union,Binanipuram PO and others Vs. the Labour Commissioner, Trivandrum and others – 1999
Labour Law Reporter 1156 has held that declaration of holiday on Polling Day for the Industries
having shift working will not be mandatory. The relevant observation of the Hon’ble High Court
is as under:“While deciding on the applicability of Sec.135-B of the Representation of the People
Act, 1951, regarding granting of paid holiday to employees on the day of polling, it is
held that in view of the provisions of subsection (4) of Section 135-B that granting of
paid holiday shall not apply to any elector whose absence may cause danger or
substantial loss in respect of the employment in which he is engaged and further in view
of sufficient arrangements made by the Company to enable the employees of the
Company to that the employees were denied the right to vote. It was further held that
in the light of the State Government Order, it cannot be said that the Labour
Commissioner is bound to give direction to all the establishments mentioned in Para-2
of the Government Order to declare 11.9.1999 as a paid holiday for the employees. The
arrangements made by the company to allow the employees in the day shift / general
shift to leave at 1.00 p.m. from their duty for exercising their franchise and calling the
evening shift employees for duty at 1.00 p.m. instead of 4.00 p.m. and allowing them
overtime allowance for three hours and further permission granted to employees
having their polling booths in far away places either to be away from work without
entailing salary cut provided they produce proof of their having actually exercised their
franchise was considered by Hon’ble Court and found justified.”
The above guidelines may be kept in view while declaring holiday on the Polling Day.
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LABOUR LAW REPORTER
A-43, Lajpat Nagar – 2, New Delhi – 110 024
Ph. 011-29830000, 29840000, E-Mail : llr@vsnl.net
Website : www.labourlawreporter.com